WVC 18 B- 9 A- 6
§18B-9A-6. Salary structure and salary schedules.
(a) The commission and council shall develop and maintain a
market salary structure and minimum salary schedules and ensure
that all organizations under their respective jurisdictions adhere
to state and federal laws and duly promulgated and adopted
organization rules.

(b) The commission and council may not delegate any of the
following duties to the Compensation Planning and Review Committee
or the Job Classification Committee:

(1) Approval of a classification and compensation rule;

(2) Approval of the job evaluation plan;

(3) Approval of the annual market salary schedule; and

(4) Approval of the annual minimum salary schedule.

(c) The market salary structure serves as the basis for the
following activities:

(1) Evaluating compensation of classified employees in
relation to appropriate external markets; and

(2) Developing the minimum salary schedules to be adopted by
the commission and council.

(d) The market salary structure shall meet the following
criteria:

(1) Sets forth the number of pay grades and steps to be
included in the structure;

(2) Includes a midpoint value for each pay grade which
represents the average salary of jobs in that pay grade. The commission and council may choose a midpoint value that is not
based exclusively on market salary data; and

(3) Includes minimum and maximum step values based on an
established range spread, as well as values for other steps in the
salary structure.

(e) The commission and council jointly shall contract with an
external vendor to conduct a classified employee market salary
study at least once within each five-year period. At the
conclusion of the study, the commission and council, in
consultation with the Compensation Planning and Review Committee,
may take any combination of the following actions:

(1) Adjust the number of pay grades and the point values
necessary for a job to be assigned to a particular pay grade;

(f) The commission and council jointly may perform an annual
review of market salary data to determine how salaries have changed
in the external market. Based on data collected, the commission
and council jointly in consultation with the Compensation Planning
and Review Committee, shall adjust the market salary structure, if
changes are supported by the data. In the absence of a market
salary study conducted by an external vendor, the commission and
council may not adjust the midpoint differentials between pay
grades unless required to do so by a change in minimum wage or other laws and may not adjust the range spread for any pay grade.

(g) Annually, the commission and council may approve a minimum
salary schedule that sets forth a compensation level for each step
and pay grade below which no organization employee may be paid.

(1) The minimum salary floor for each pay grade and step on
the minimum salary schedule is determined by applying the
percentage fixed by commission and council rule promulgated
pursuant to section seven of this article to the annual market
salary data. The commission and council also shall consider the
minimum wage and other laws that ensure that employees earn a
living wage and shall maintain a salary structure which ensures
that the average salary of each class of employees meets relative
market equity among employee classes. The commission and council
may take into consideration other factors they consider
appropriate.

(2) The salary of an employee working fewer than thirty-seven
and one-half hours per week shall be prorated.

(h) The organization rule promulgated pursuant to (d), section
seven of this article may provide for differential pay for certain
employees who work different shifts, weekends or holidays.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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